How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JD Your Own Question

JD
JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
1969057
Type Your Legal Question Here...
JD is online now
A new question is answered every 9 seconds

can you sue your husband for emotional distress

Resolved Question:

can you sue your husband for emotional distress
Submitted: 4 years ago.
Category: Legal
Expert:  JD replied 4 years ago.

Your location information has not come through... could you tell me what state/country you are in?

Customer: replied 4 years ago.
I am located in California, orange county. We have been together for 4.5 years, we were engaged for 2 years. In sept. of this year we had our cival marriage and we have been preparing our religious ceremony in cancun, mx for 2 years, which was scheduled to take place dec. 30th. Last week friday the 20th his mother and i had a discussion about her dress and she brought out all sorts of other issues and the conversation quickly turned sour. The issues were because i didnt include my sister in law as part of my bridal party, but to me they were so minor i couldnt believe this was happening. Since that day my husband changed with 4 days! On thanksgiving he told he was not going to spend it with me, that he wanted to be with his family. While living with him i developed a panic attack disorder and that day i had a severe one and had to call 911 and i was taken to the hospital. While i was in the hospital he went to our home and took his clothes and called my sister, mom and dad and asked them to go to the hopital and pick me up. I called him while in the er to et him know where i was going to be, and all he said was "i am not going to be there, you should be with your family", this was his way of ending our relationship. I went to the apartment and saw that his belongings were gone, so my parents helped me pack my stuff and left. I am devastated, sad, confused, with all the wedding things ready, worthless, and hurt. I have a hard time even chewing food. So my mom made me make an emergency appoint with a psychologist yesterday, who ended diagnosing me with major depression and major panic attack disorder as a result of what happened. Now i am still in shock that he changed in less than a week. When he took his belongings he also took my passport and social security card, i had to call the police in order to get it back. We also had $17,000 saved for the wedding, some portion of it was a gift. I pulled that money out the next day before he did. He is upset i took the money because he wanted to split the money. He said that he would give me my passport and social security card if i gave him his portion of the money. But i need the money for therapy, i can't work, i can barely even eat. I am devastated and humiliated in front of all mu family and friends. What can i do?
Expert:  JD replied 4 years ago.

I am very sorry for your situation. Please understand that your own health (physical and mental) must come first and you must handle this before addressing legal issues. Stay close to your family, friends, and neighbors and rely on their emotional support.

 

You said you had a civil marriage already? Are you telling me that you are already legally married or did you simply obtain a marriage license?

Customer: replied 4 years ago.
we are legally married
Expert:  JD replied 4 years ago.

Very well. In that case you must sue for divorce... or counter sue him for divorce if he should file first. In your divorce action, you will be able to recover equitable relief for his actions through alimony as well as receive a fair share of the martial property in the division of assets and liabilities. While you cannot recover damages for emotional damages in a divorce case, the fact that he has abandoned you in such a way will play a role in the awarding of alimony. Your emotional and mental condition places you in severe need of at least rehabilitative alimony and the court will take all of this into consideration.

 

A separate action for the tort of intentional infliction of emotional distress (or negligent infliction of emotional distress) is a much more difficult issue. Most states have abolished the old common law claim for breach of a marital promise (breaking a promise to marry) because of the obvious need to prevent forcing people into a marriage they do not want. While a potential claim may exist if you could show that this breakup was done in such a way as to intentionally cause severe emotional distress to you by your husband, your strongest claim will be the claim for alimony.

 

You need to seek a divorce attorney immediately. I realize you probably do not want a divorce, but you need to protect yourself and your interests. You may be able to reconcile this marriage or you may not... but you must protect yourself and your future by standing up for yourself. You need your lawyer to file for a pendente lite hearing to set up immediate support payments to assist you with living expenses. You should also discuss the potential emotional distress lawsuit (separate from divorce). Your attorney may feel that filing that action in addition to the divorce could help facilitate a better and quicker resolution to your divorce.

 

Please reply if I can help further.

 

________________________

Remember to click ACCEPT only when you are satisfied with your answers. This is how we get paid for our time with your questions. I would also appreciate any positive feedback you could provide. If you are not satisfied then please reply to me so I can further assist you or find someone else to help. I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience: Over 11 years in practice as a litigator ... civil and criminal
JD and 16 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.